LOPEZ v. AMERICAN PRESIDENT LINES, LTD.

No. 65.

138 F.2d 914 (1943)

LOPEZ v. AMERICAN PRESIDENT LINES, LTD.

Circuit Court of Appeals, Second Circuit.

October 28, 1943.


Attorney(s) appearing for the Case

William G. Symmers, Dow & Symmers, and Joseph M. Brush, all of New York City, for appellant.

Richard M. Cantor, of New York City (Maxwell Opper, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


PER CURIAM.

There can be no question in this case of the defendant's liability, if it can be charged with notice that the men, engaged in cleaning the ship, were using, or were likely to use, the battens to get access to the sides. The plaintiff and his fellows both swore that they had been accustomed to follow that method in other ships in the harbor, including some of this very defendant. Moreover, there was but one ladder provided in the hold in any event. But...

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